The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.24272 of 2014
Dated 10.10.2014
Between:
V.Sivasankarappa And The Govt.State of Andhra Pradesh, Rep. by its Prl.Secretary (Civil Supplies) Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.P.R.Balarami Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in not supplying essential commodities to the fair price shop of Sreekantapuram Village, Hindupur Mandal, as illegal and arbitrary.
I have heard Mr.P.R.Balarami Reddy, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents.
The petitioner was appointed as the authorized dealer of the aforesaid fair price shop in the year 2007. It is his pleaded case that his authorization was extended upto 31-03-2014 and that he could not apply for renewal till the authorization has expired. It is his further pleaded case that he has filed an application for renewal on 14-07-2014 by paying fees of Rs.250/- by way of challan and that in spite of the same, neither renewal has been made nor essential commodities are being allotted to his fair price shop for distribution to the card holders.
Learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents, on instructions, submitted that the petitioner has not filed any application for renewal of his fair price shop authorization.
Except the ipsi dixit of the petitioner that he has filed an application for renewal of his fair price shop authorization, no proof in support thereof has been filed by him. Unless the petitioner has filed an application for renewal before the expiry of his authorization, he cannot insist on supply of essential commodities to his fair price shop. As the respondents have denied the petitioner making an application for renewal, no Mandamus can be issued to the respondents to allot essential commodities to his fair price shop. However, the petitioner is left free to make an application for renewal of his fair price shop authorization. If such an application is filed, respondent No.2 shall deal with the same in accordance with law and communicate his decision to the petitioner,, within one month therefrom.
Subject to the above direction, the Writ Petition is dismissed.
As a sequel, WPMP.No.30392 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th October, 2014
LUR